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(영문) 서울동부지방법원 2015.12.10 2015고단3129
업무방해
Text

Defendant

A Imprisonment of six months, and Defendant B shall be punished by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendants: (a) from October 1, 2015 to October 24, 2015, from around 23:00 to around 04:34, the victim E in Gangdong-gu operated by Gangdong-gu Seoul (hereinafter “F”); (b) danran bar operated by the victim E in Gangdong-gu Seoul; (c) talked with each other, engage in a dispute; and (d) carried out physical fighting; and (e) the victim barring it from entering the said main points, such as taking the victim’s humnasium, humnasium, humnasium, and humnasium, and humnasium, humnasium, humnasium, humnasium, humnasium, and so on.

Accordingly, on October 2, 2015, the victim reported and dispatched around 04:34, around 04:34, and 112, the police officer went out of the above main station and left the site, and the Defendants again went out of the above main station by walking the entrance of the above main station, and cut out the beer 2 disease inside the cooling house, and cut out the beer inside the cooling house, and the victim demanded balth to go out of the victim’s “I sway, I am out of sway, and sway, I am going back until 05:09 on the same day.”

Accordingly, the Defendants conspired and interfered with the victim's main business for about six hours.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to report on investigation (Hearing statements by shots);

1. Relevant Articles of the Criminal Act and the selective Defendants of the punishment: Articles 314 (1) and 30 of the Criminal Act;

1. Defendant B who is detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who suspended the execution: Article 62(1) of the Criminal Act (hereinafter referred to as “the grounds for a suspended execution”)

1. Defendant A: Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act and Article 59 of the Act on Probation, etc.;

1. Defendant B of the provisional payment order: The circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act are set forth in Article 334(1).

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